Chapter 4 Extinguishment of How app is made Plurality of subjects

Obligations Rules if no app is made SECTION 4

General Provisions Rules in app of payment Confusion or Merger of Rights
Modes Subsection 2 Defined
In addition Payment of Cession Requisites
Art. 1321. Obligations are Cession defined Effect of merger or confusion
extinguished Requisites cession in payment SECTION 5
SECTION 1 Dation in payment Compensation
Payment or performance Kinds of cession Defined
Concept Effects of cession Kinds
How payment or performance Subsection 3 o Effects
is made Tender of payment o Origin
Requisites of payment Consignation Facultative Compensation
Incomplete compliance or TOP <> Consignation Requisites of Legal Cmpnsation
partial performance considered Requisites of a valid tender o Exemplified
payment Requisites valid consignation Total/Partial Compensation
Effects of payment by a third Effect of tender without Conventional/Voluntary
person consignation Compensation
Whom creditor must accept Consignation without tender Rescissible or voidable Debts
payment(3) will extinguish the oblig(5) Ass. Of the creditors right
To whom payment must be Effects if consignation is Automatic Compensation
made(3) properly made When legal compensation
Payment to an incapacitated or Effects improper consignation cannot take place
unauthorized person When debtor can withdraw the SECTION 6
Payment to a third person thing consigned in court Novation
Proof of benefit not required Effects of withdrawal after Defined
Requisites of payment under consignation has been made Oblig may be modified by:
ART. 1242 SECTION 2 Dual purpose of Novation
Instances when ART 1244 does
Loss of the Thing Due Requisites
not apply(3)
Concept of LOSS Kinds
Concept of Dation
Kinds of impossibility of o Form
o Other name
performance o Object/Purpose
Does not specify the quality of
Effects of loss Kinds of Novation under 1292
obj. to be delivered
Effects of fortuitous events Changes in period or term of
Payment must be complete
Obligation is Extinguished payment
When partial payment is
Partial loss as total loss Kinds of substitution of the
allowed
Example of impossibility debtor
Legal tender o Expromision
Beyond Contemplation Rule
Summary of the delivery of o Delegacion
o Requisites
commercial instruments as Requisites
Right of subrogation
payment o Expromision
SECTION 3
Republic Act. No. 8183 o Delegacion
Inflation <> Deflation Condonation or Remission of Debt
Subrogation
Place where oblig be paid Defined
Subrogationg a third person in
Essential requisites
Subsection 1 the rights of the creditor may
Classes of Remission
Application of Payments be:
o Effect/Extent
Special modes of payment(4) When presumed that there is
o Date of effectivity
Requisites for application of legal obligation
o Form
payments(5) Effects of subrogation
Effect of delivery to the debtor
App. Of payment even w/ undue Subrogation in case partial
of private instrument
oblig payment is made
evidencing the credit